Doordash, Inc. et al v. City and County of San Francisco
| Doordash, Inc. and GrubHub Inc. |
| San Francisco City and County and City and County of San Francisco |
| Chamber of Commerce of the United State of America and California Chamber of Commerce |
| 3:2021cv05502 |
| July 16, 2021 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statutes |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER by Judge Edward M. Chen Granting in Part and Denying in Part #28 Defendant's Motion to Dismiss First Amended Complaint. (emcsec, COURT STAFF) (Filed on 3/23/2022)
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Filing 59
Order. Signed 3/22/2022 by Judge Edward M. Chen granting #58 Stipulation to Continue Case Management Conference.(klh, COURT STAFF) (Filed on 3/22/2022)
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| See Order #59 Set Deadlines/Hearings: Case Management Statement due by 5/17/2022. Initial Case Management Conference set for 5/24/2022 01:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcCounsel shall log into the Zoom Webinar by 1:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 3/22/2022) |
| Filing 58 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Doordash, Inc., GrubHub Inc. and City and County of San Francisco. (Lipshutz, Joshua) (Filed on 3/18/2022) Modified on 3/18/2022 (jml, COURT STAFF). |
| Filing 57 MOTION for leave to appear in Pro Hac Vice of Esther Lifshitz ( Filing fee $ 317, receipt number ACANDC-16846644.) filed by Doordash, Inc., GrubHub Inc.. (Lifshitz, Esther) (Filed on 1/27/2022) |
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Filing 56
Order by Judge Edward M. Chen Granting #55 Joint Stipulation to Continue Case Management Conference. Initial Case Management Conference reset from 2/8/2022 to 4/12/2022 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 4/5/2022. (vla, COURT STAFF) (Filed on 1/25/2022)
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| Filing 55 STIPULATION WITH PROPOSED ORDER re Continuing Case Management Conference filed by Doordash, Inc., GrubHub Inc.. (Lipshutz, Joshua) (Filed on 1/25/2022) |
| Filing 54 Transcript of Videoconference Proceedings held on December 16, 2021, before Judge Edward M. Chen. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #52 Transcript Order ) Release of Transcript Restriction set for 4/4/2022. (Related documents(s) #52 ) (mfk, COURT STAFF) (Filed on 1/3/2022) |
| Filing 53 TRANSCRIPT ORDER for proceedings held on 12/16/2021 before Judge Edward M. Chen by City and County of San Francisco, for Court Reporter Marla Knox. (Goldman, Jeremy) (Filed on 12/17/2021) |
| Filing 52 TRANSCRIPT ORDER for proceedings held on 12/16/2021 before Judge Edward M. Chen by Doordash, Inc., GrubHub Inc., for Court Reporter Marla Knox. (Lipshutz, Joshua) (Filed on 12/16/2021) |
| Filing 51 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 12/16/2021 re #28 MOTION to Dismiss filed by City and County of San Francisco. Court takes #28 Motion to Dismiss under submission.Total Time in Court: 1 Hour; 10 Minutes. Court Reporter: Marla Knox. Plaintiff Attorneys: Joshua Lipshutz, Michael Holecek. Defendant Attorney: Jeremy Goldman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 12/16/2021) |
| Filing 50 NOTICE Re Proposed Amendment to Ordinance re #49 Reply to Opposition/Response by Doordash, Inc., GrubHub Inc. and City and County of San Francisco. (Lipshutz, Joshua) (Filed on 12/14/2021) Modified on 12/15/2021 (jml, COURT STAFF). |
| Filing 49 REPLY IN SUPPORT OF ITS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT (re #28 MOTION to Dismiss ) filed by City and County of San Francisco. (Goldman, Jeremy) (Filed on 11/19/2021) Modified on 11/19/2021 (jml, COURT STAFF). |
| Filing 48 CLERK'S NOTICE: Court grants #38 MOTION to File Amicus Curiae Brief IN SUPPORT OF PLAINTIFFS filed by Chamber of Commerce of the United State of America, California Chamber of Commerce. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 11/19/2021) |
| Filing 47 Statement of Non-Opposition re #38 MOTION to File Amicus Curiae Brief IN SUPPORT OF PLAINTIFFS filed byCity and County of San Francisco. (Related document(s) #38 ) (Goldman, Jeremy) (Filed on 11/17/2021) |
| Filing 46 Statement re #38 MOTION to File Amicus Curiae Brief IN SUPPORT OF PLAINTIFFS DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S STATEMENT OF NON-OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS BRIEF BY CHAMBER OF COMMERCE OF THE UNITED STATES AND CALIFORNIA CHAMBER OF COMMERCE by City and County of San Francisco. (Goldman, Jeremy) (Filed on 11/17/2021) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is Statement of Non-Opposition. The correct event can be found at: Civil Events > Motions and Related Filings > Other Supporting Documents > Statement of Non-Opposition. Please re-file in its entirety. Re: #46 Statement, filed by City and County of San Francisco (jml, COURT STAFF) (Filed on 11/17/2021) |
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Filing 45
Order by Judge Edward M. Chen granting #44 Motion for Pro Hac Vice as to Brendan B. Gants. (tmi, COURT STAFF) (Filed on 11/12/2021)
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| Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16620614.) filed by California Chamber of Commerce, Chamber of Commerce of the United State of America. (Gants, Brendan) (Filed on 11/12/2021) |
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Filing 43
Order by Judge Edward M. Chen granting #41 Motion for Pro Hac Vice as to Elaine Goldenberg. (tmi, COURT STAFF) (Filed on 11/12/2021)
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Filing 42
Order by Judge Edward M. Chen granting #40 Motion for Pro Hac Vice as to Donald B. Verrilli, Jr. (tmi, COURT STAFF) (Filed on 11/12/2021)
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| Filing 41 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16618331.) filed by California Chamber of Commerce, Chamber of Commerce of the United State of America. (Goldenberg, Elaine) (Filed on 11/11/2021) |
| Filing 40 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16618319.) filed by California Chamber of Commerce, Chamber of Commerce of the United State of America. (Verrilli, Donald) (Filed on 11/11/2021) |
| Filing 39 NOTICE of Appearance by Justin Paul Raphael (Raphael, Justin) (Filed on 11/11/2021) |
| Filing 38 MOTION to File Amicus Curiae Brief IN SUPPORT OF PLAINTIFFS filed by Chamber of Commerce of the United State of America, California Chamber of Commerce. Responses due by 11/26/2021. Replies due by 12/3/2021. (Attachments: #1 Exhibit Proposed Brief)(Raphael, Justin) (Filed on 11/11/2021) |
| Filing 37 Opposition to City's Request for Judicial Notice (re #28 MOTION to Dismiss ) filed by Doordash, Inc., GrubHub Inc.. (Lipshutz, Joshua) (Filed on 11/5/2021) Modified on 11/8/2021 (bns, COURT STAFF). |
| Filing 36 OPPOSITION/RESPONSE (re #28 MOTION to Dismiss ) filed byDoordash, Inc., GrubHub Inc.. (Lipshutz, Joshua) (Filed on 11/5/2021) |
| Filing 35 CLERKS NOTICE CONVERTING HEARING RE #28 MOTION TO DISMISS TO ZOOM HEARING. Motion Hearing reset for 12/16/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons g ranted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. #28 MOTION to Dismiss. Motion Hearing set for 12/16/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) #28 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 11/4/2021) |
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Filing 34
ORDER GRANTING #33 STIPULATION CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS FROM DECEMBER 9, 2021 TO DECEMBER 16, 2021. Signed by Judge Edward M. Chen on 11/4/2021. (afm, COURT STAFF) (Filed on 11/4/2021)
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| Filing 33 STIPULATION WITH PROPOSED ORDER Regarding Hearing Date on Motion to Dismiss filed by Doordash, Inc., GrubHub Inc. and City and County of San Francisco. (Lipshutz, Joshua) (Filed on 11/3/2021) Modified on 11/3/2021 (jml, COURT STAFF). |
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Filing 32
ORDER GRANTING #27 STIPULATION RE BRIEFING SCHEDULE ON DEFENDANTS MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 2/1/2022. Initial Case Management Conference reset for 2/8/2022 01:30 PM in San Francisco, - Videoconference Only. Signed by Judge Edward M. Chen on 10/15/2021.(afmS, COURT STAFF) (Filed on 10/15/2021)
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| Filing 31 Proposed Order re #28 NOTICE AND MOTION to Dismiss FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES by City and County of San Francisco. (Goldman, Jeremy) (Filed on 10/15/2021) Modified on 10/15/2021 (jmlS, COURT STAFF). |
| Filing 30 Declaration of JEREMY M. GOLDMAN IN SUPPORT OF CITY AND COUNTY OF SAN FRANCISCO'S REQUEST FOR JUDICIAL NOTICE AND MOTION TO DISMISS THE FIRST AMENDED COMPLAINT filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 10/15/2021) |
| Filing 29 Request for Judicial Notice filed by City and County of San Francisco. (Goldman, Jeremy) (Filed on 10/15/2021) Modified on 10/15/2021 (jmlS, COURT STAFF). |
| Filing 28 NOTICE AND MOTION to Dismiss FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by City and County of San Francisco. Motion Hearing set for 12/9/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 11/5/2021. Replies due by 11/19/2021. (Goldman, Jeremy) (Filed on 10/15/2021) Modified on 10/15/2021 (jmlS, COURT STAFF). |
| Filing 27 STIPULATION WITH PROPOSED ORDER RE BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE filed by City and County of San Francisco, DoorDash, Inc. and Grubhub, Inc.. (Goldman, Jeremy) (Filed on 10/15/2021) Modified on 10/15/2021 (jmlS, COURT STAFF). |
| Filing 26 Notice of Withdrawal of Motion to Dismiss the Original Complaint (Goldman, Jeremy) (Filed on 10/4/2021) |
| Filing 25 FIRST AMENDED COMPLAINT against City and County of San Francisco. Filed by Doordash, Inc., GrubHub Inc.. (Lipshutz, Joshua) (Filed on 10/1/2021) Modified on 10/4/2021 (jmlS, COURT STAFF). |
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Filing 24
ORDER by Judge Edward M. Chen granting #19 Stipulation Re Briefing Schedule on Defendant's Motion to Dismiss. Plaintiffs Opposition to Defendants Motion to Dismiss will be due on October 4, 2021; Defendants Reply in Support of its Motion to Dismiss will be due on October 21, 2021, and hearing on Defendants Motion to Dismiss will be November 4, 2021. (afmS, COURT STAFF) (Filed on 9/13/2021)
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| Filing 23 Proposed Order re #20 MOTION to Dismiss DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S NOTICE AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES by City and County of San Francisco. (Goldman, Jeremy) (Filed on 9/10/2021) |
| Filing 22 Declaration of JEREMY M. GOLDMAN IN SUPPORT OF CITY AND COUNTY OF SAN FRANCISCOS REQUEST FOR JUDICIAL NOTICE AND MOTION TO DISMISS filed byCity and County of San Francisco. (Goldman, Jeremy) (Filed on 9/10/2021) |
| Filing 21 Request for Judicial Notice re #20 MOTION to Dismiss DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S NOTICE AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES filed byCity and County of San Francisco. (Related document(s) #20 ) (Goldman, Jeremy) (Filed on 9/10/2021) |
| Filing 20 NOTICE AND MOTION to Dismiss MEMORANDUM OF POINTS AND AUTHORITIES filed by City and County of San Francisco. Motion Hearing set for 11/4/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 10/4/2021. Replies due by 10/21/2021. (Goldman, Jeremy) (Filed on 9/10/2021) Modified on 9/13/2021 (jmlS, COURT STAFF). |
| Filing 19 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule on Defendant's Motion to Dismiss filed by Doordash, Inc., GrubHub Inc. and City and County of San Francisco. (Lipshutz, Joshua) (Filed on 9/10/2021) Modified on 9/13/2021 (jmlS, COURT STAFF). |
| #Electronic filing error re: #18 Notice (Other) filed by Doordash, Inc. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slhS, COURT STAFF) (Filed on 8/18/2021) |
| Filing 18 CERTIFICATE OF SERVICE by Doordash, Inc., GrubHub Inc. re #17 Case Management Scheduling Order. (Lipshutz, Joshua) (Filed on 8/17/2021) Modified on 8/18/2021 (slhS, COURT STAFF). |
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Filing 17
CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 11/16/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 11/9/2021. Signed by Judge Edward M. Chen on 8/17/2021. (afmS, COURT STAFF) (Filed on 8/17/2021)
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| Filing 16 Proof of Service of Judge Chen Standing Orders by Doordash, Inc. (Lipshutz, Joshua) (Filed on 8/16/2021) Modified on 8/17/2021 (slhS, COURT STAFF). |
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 8/4/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 8/4/2021)
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| Filing 14 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 8/3/2021) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Doordash, Inc., GrubHub Inc... (Lipshutz, Joshua) (Filed on 8/2/2021) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City and County of San Francisco.. (Goldman, Jeremy) (Filed on 8/2/2021) |
| Filing 11 STIPULATION EXTENDING CITY AND COUNTY OF SAN FRANCISCO'S TIME TO RESPOND TO COMPLAINT filed by San Francisco City and County. (Goldman, Jeremy) (Filed on 7/27/2021) |
| Filing 10 NOTICE of Appearance by Jeremy Michael Goldman (Goldman, Jeremy) (Filed on 7/27/2021) |
| Filing 9 SUMMONS Returned Executed by Doordash, Inc., GrubHub Inc.. San Francisco City and County served on 7/19/2021, answer due 8/9/2021. (Lipshutz, Joshua) (Filed on 7/20/2021) |
| Filing 8 Summons Issued as to City and County of San Francisco. (slhS, COURT STAFF) (Filed on 7/19/2021) Modified on 7/27/2021 (bnsS, COURT STAFF). |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/12/2021. Initial Case Management Conference set for 10/19/2021 01:30 PM in Oakland, courtroom - to be determined. (slhS, COURT STAFF) (Filed on 7/19/2021) |
| Filing 6 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/2/2021. (mbcS, COURT STAFF) (Filed on 7/19/2021) |
| Filing 5 NOTICE of Appearance by Joshua Seth Lipshutz for Michael Holecek (Lipshutz, Joshua) (Filed on 7/16/2021) |
| Filing 4 Certificate of Interested Entities by GrubHub Inc. identifying Corporate Parent Just Eat Takeaway.com N.V. for GrubHub Inc.. (Lipshutz, Joshua) (Filed on 7/16/2021) |
| Filing 3 Certificate of Interested Entities by Doordash, Inc. identifying Other Affiliate Sequoia Capital, Other Affiliate SoftBank Group Corp., Other Affiliate SVF Fast (Cayman) Limited for Doordash, Inc. (Lipshutz, Joshua) (Filed on 7/16/2021) |
| Filing 2 Proposed Summons. (Lipshutz, Joshua) (Filed on 7/16/2021) |
| Filing 1 COMPLAINT against City and County of San Francisco(Filing fee $ 402, receipt number 0971-16188013). Filed by Doordash, Inc., GrubHub Inc. (Attachments: #1 Civil Cover Sheet)(Lipshutz, Joshua) (Filed on 7/16/2021) Modified on 7/27/2021 (bnsS, COURT STAFF). |
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